Town of Standish, ME - Town Council Meeting Minutes 08/08/2006

DRAFT--MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL -- DRAFT

TOWN COUNCIL MEETING

TUESDAY, AUGUST 8, 2006 – MUNICIPAL CENTER 7:00 PM

The Meeting was called to order by Chair Christy and the Pledge of Allegiance was recited.

The roll was called by the Clerk. All Councilors were present except Councilor Simpson who was excused.

EXECUTIVE SESSION

Moved by Stack Seconded by Lymburner and Voted to move into Executive Session for the discussion of a poverty abatement application as provided under 36 M.R.S.A. § 841. (Unanimous)

Moved by Spencer Seconded by Stack and Voted to arise from Executive Session. The Council arose from Executive Session at 7:50 pm unanimous consent.

MINUTES OF PREVIOUS MEETING (S)

The minutes from June 6^th and July 11^th meetings were accepted as presented by unanimous consent.

PETITIONS AND COMMUNICATIONS

Chair Christy explained that the Town received a communication regarding parking issues at Harmon’s Beach.

Gordon Billington said that there is some friction in the area. The Community Policing Officer is working with the neighbors to help resolve the issues. He said that there are some issues that we can’t control like moorings.

Chair Christy said that there on order on the agenda tonight that will deal issues related to people parking in fire lanes. He noted that people are parking in the fire lane at Colonial Marketplace and it has become a problem. People just ignore the signs.

REPORT OF THE TOWN MANAGER

Manager’s update included:

From Recreation – Summer camp has come to an end and the fall soccer program begins next week.

Special thanks go out to all the participated in the Family Festival Day.

Mr. Billington said that a note was sent to the Council last week as an update to Deerhill North. He said that Deerhill North was developed to serve two subdivisions. The developer never brought the road forward for road to be accepted as a town way. By statute the town can provide winter maintenance on private roads for up to twenty-five years and that time is almost up. He said that we have been working with the property owners. The possible solutions are to receive easements to continue the winter maintenance; the owners provide their own maintenance; or to offer the road to the town. The town would first inspect the road to suggest possible upgrades by the property owners prior to town acceptance. It is the town’s attorney opinion that the developer has walked away from the road reverting ownership to the abutters. There will be a future meeting to set conditions on the acceptance of the road. He noted that by Town Code we accept roads once a year with the process starting in April with final acceptance in July of each year.

Mr. Billington said that Chair Christy had brought to his attention that there will be a conference on ageing at the Blaine House on the 21^st of September. Prior to that there will be regional forums where delegates where will be selected for the Blaine House conference.

Mr. Billington introduced Roger Mosley who would present an update the Manchester Road improvements project.

Roger Mosley the Director of Public Works explained that there were three separate projects that came together on the Manchester Road. An eight foot culvert was replaced at the bridge; the town road crew is working on the realignment of the Manchester Road/Route 113 intersection; and reclaiming the road by grinding the asphalt followed by repaving which will start tomorrow, the projects will be completed by Labor Day.

Councilor Lymburner asked in the case of a private road who would pay taxes on the road.

Mr. Billington said that was a good observation. He said in his research on various roads some deeds reference to the centerline of the road while others do not.

115-06 Application Submitted by James Paquette dba Memory Lane Music Hall located at 35 Blake Road for an On Premise Transfer Application [Christy]

Cara Childs of Blake Road said that she was concerned about the after hours fighting and noise that has happened in the past at that location. She also questioned exactly what is a Special Amusement Permit?

Chair Christy said that a Special Amusement Permit would allow live entertainment such as bands or DJ’s.

Cara Childs questioned if anything risqué would be allowed.

Chair Christy said that would not be allowed.

Cara Childs questioned the noise ordinance.

Mark Lindberg said that he didn’t see the hours of operation.

Councilor Lymburner said that was addressed in the next order.

Betty Shaffer a former abutter of this establishment explained that in the past noise and speeding vehicles had been a problem. It was her opinion that this was not a proper business for a residential area. She brought-up smoking outside the building and what she though would be problem coming from that. She questioned how this issue would be addressed.

The Clerk read information from the Code regarding the allowed hours of operation and unnecessary noise.

Jim Pepper a resident from Blake Road questioned that Memory Lane had moved three times in the recent past. In addition, he was concerned police coverage in Standish and the time it would take to get police protection in the case of a problem.

Mr. Billington said that Standish has 24/7 police coverage with in the boundaries of the Town. He noted that for police to respond people would need to call Cumberland County Sheriff’s Department not our dispatch.

Jim Pepper asked the capacity of the building and questioned if one officer would be enough in the event of a problem.

Chair Christy said that if there was a problem of that magnitude mutual aid from other towns would be called. He said that when County Cross Roads was in business they hired a fulltime police officer. He noted that the council could stipulate that a security be hired as a condition of approval.

Jim Pepper said that in the past drunks had been a problem after hours. He was concerned also by the smoking outside and the fire issue that might cause. He noted that since the building has poor ventilation they open the doors and noise from the music becomes an issue. He said that he didn’t understand that the liquor license was being transferred. He said that DWI’s are a problem. He said that that having driving impaired people in the area was a problem.

Tom Childs of Blake Road said that he was also concerned about people driving impaired. He said that between January 2003 and this June there had been eleven accidents on Blake Road without an establishment serving alcohol. He said that this was a concern to him.

Jim Paquette said that his business had not moved around. He had been at the present location for a year. He said that his track record shows that he has not had problems as far as people leaving impaired He said that they have door people there to assure that the will be no problems. The doors will remain closed to keep the noise in the building. He noted that County Crossroad was a BYOB. He said that he was asked to continue that but it was his opinion that a BYOB is hard to control. He said that his staff monitor people and don’t let people drive impaired. He said that at the present location there was one complaint about noise and he took care of it. He said that he has door people that will patrol the outside of the building.

Diane York the bartender and a resident of Standish explained at the present location the police are in the area every night. She said as the bartender she is responsible to make sure people are not leaving the bar impaired. She said that a lot of good people come to the bar. She noted that the new location has central air-conditioning.

Mark Lindberg asked if the Fire Department has inspected the ventilation in the building.

Fire Chief Jordan said that the ventilation in the building was not an item inspected by the Fire Department. He said that they have been working closely with the applicant to correct some minor issues.

Councilor Lymburner questioned wording of the order regarding the expiration date of the license.

The Clerk explained that it was based on the previously established expiration date of the facility which was in September.

Councilor Beigel asked about the capacity.

The Fire Chief thought that it was about 250.

Chair Christy said that the he had not received any complaints about the applicant’s current location. He also said that he preferred a hired security company rather then bouncers.

VOTE: 6 Yeas – 0 Nays

116-06 Application Submitted by James Paquette dba Memory Lane Music Hall located at 35 Blake Road for a Special Amusement Permit Allowing Live Entertainment [Christy]

Councilor Lymburner asked Mr. Paquette the hours of operation.

Mr. Paquette said that the hours are the same, he went onto say that many nights they closed early because there were no customers.

Councilor Pomerleau questioned the when the doorman would be there when there is live entertainment. He said that he would look into a security company.

VOTE: 6 Yeas – 0 Nays

117-06 Application Submitted by James Paquette dba Memory Lane Music Hall located at 35 Blake Road for Pool Room License [Christy]

VOTE: 6 Yeas – 0 Nays

COMMITTEE REPORTS

Councilor Pomerleau said that the Capital Committee spoke about the paving of Manchester Road project, there was a 1,500 foot area that was to be paved. The Public Safety Committee met and discussed the fair that will take place in the second week in October which is also fire prevention week. The theme of this year’s fair will be child safety. They also talked about the speed limit on Route 11 we are told that the speed radar machine will be available for our use within a few weeks. They also discussed the speed limit near Johnson field which is 50 mph on the Standish side of the field. The discussion was to decrease the limit in that area.

Chair Christy asked if they had received any calls about the speeding at the sharp corner on Boundary Road.

Councilor Pomerleau said that he has not heard of any accidents in that area.

Councilor Spencer said that the finances are in good shape.

Councilor Lymburner said that the Appointments Committee met and interviewed a person for the Budget Committee. Another person will be interviewed on August 15 for the Public Safety Committee. She noted the seats open on various committees.

Chair Christy explained that a Roadway Committee will be established to review road issues. The committee will include three councilors and four or more members of the public.

Councilor Lymburner explained that the circuit breaker tax refund forms are available. Many people are eligible to apply for this and may receive a refund. The deadline for filing is May 2007.

Councilor Stack explained that he Route 113 Corridor met last week and discussed results of the June meeting at which they discussed create an economy, passenger rail service and support for manufacturing business expansion. The next meeting will be September 13 here at town hall. Hopefully, there will be speakers regarding the restoration of rail service. He noted that there is a order on the agenda tonight relating to rail service.

Councilor Pomerleau announced that they are looking at Route 113 being designated as a scenic byway.

CONSENT CALENDAR

There were no consent items at this meeting.

UNFINISHED BUSINESS

101-06 Amendment to Town Council Rules of Procedure [Pomerleau]

Councilor Pomerleau said that he had sponsored because the committee had been stagnant for a number of years and he thought that the town would be better served by the committee being staffed by residents. He said that due to recent events he had rethought this idea and believes that committee should be staffed by councilors.

VOTE: 0 Yeas – 6 Nays, Biegel, Christy, Lymburner, Pomerleau, Spencer and Stack.

112-06 Town Council and Town Council Chair Appointments to Various Boards/Committees (Economic Development Portion of order tabled) [Christy]

Moved by Spencer Seconded by Lymburner and Voted to take this item off the table. (Unanimous)

Moved by Lymburner Seconded by Stack to include the following names for the Economic Development Committee:

VOTE ON ECONOMIC DEVELOPMENT SUBCOMMITTEE SEATS AS AMENDED: 6 Yeas – 0 Nays

79-06 Order to Accept Public Easement over Selected Rangeways (Tabled at 6/6/2006 Meeting) [Christy]

This item remained on the table.

89-06 Amendment to Site Plan Review Standards for Architectural Design (Referred to Committee 7/11/06) (First Reading) [Christy]

Moved by Pomerleau Seconded by Lymburner and Voted to delete the following words: large central or exterior chimneys. (Unanimous)

This item moved to first reading at the September meeting of the Council.

90-06 Amendment to Site Plan Review Ordinance (Referred to Committee 7/11/06) (First Reading) [Christy]

Moved by Lymburner Seconded by Stack and Voted to dispense with the Clerk’s reading of the ordinance. (Unanimous)

Mr. Billington explained that this had been introduced, reviewed by legal counsel, now is being re-introduced with the attorneys recommendations. He said that this amendment gives the Planning Board a tool that they have asked for in the site plan review process by requiring that outside reviews are submitted prior to final approval.

This item moved to first reading at the September meeting of the Council.

118-06 Action Concerning Poverty Tax Abatement Application [Christy]

Moved by Lymburner Seconded by Spencer and Voted to amend the order by adding the dollar amount of $3,698.85 plus interest to the order. (Unanimous)

VOTE ON ORDER AS AMENDED: 2 Yeas – 4 Nays, Christy, Lymburner, Spencer and Stack.

119-06 Accept ~~Matching~~ Funds from Southern Maine Community College for Tuition Reduction Allotment for Firefighting Training [Simpson]

Chief Jordan explained that there is a demand for this training. He explained that Standish was the only town in Cumberland County to receive this reduction for the tuition costs.

Councilor Stack questioned the words matching funds.

The Chief explained that it would be a tuition reduction not matching funds.

Moved by Lymburner Seconded by Stack and voted to amend the order by deleting the word matching from the order. (Unanimous)

VOTE ON ORDER AS AMENDED: 6 yeas – 0 Nays

120-06 Award Bid and Authorize Contract for Fire Department Utility Vehicle Purchase [Pomerleau]

Councilor Pomerleau announced that Westcott & Son’s was the low bidder for this vehicle. He said that the word truck needs to be change to ATV.

Moved by Pomerleau Seconded by Lymburner and Voted to amend the order by changing the word truck to ATV. (Unanimous)

He said that they also went out to bid on the trailer, the cost of the trailer is an amount that can be awarded by the Town Manager and he disclosed that Standish Trailer Sales the business that he owns was the low bidder and was awarded the bid.

VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays

121-06 Award Bid for Fire Department Purchase of Jaws of Life Purchase [Pomerleau]

Chief Jordan explained that the current Jaws of Life are 22 years old which is really a testament to the care given to it by the department. He noted that the technology in this type of equipment has changed drastically and the current equipment costly to repair. He asked that since this vendors is the sole one that complements our current equipment he asked that the bid process be waived.

Moved by Spencer Seconded by Stack and Voted to waive the bid process. (Unanimous)

VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays

122-06 Amendment to Standish Town Code, Chapter 140, Fire Lanes, §140-6 (Introduction) [Christy]

Moved by Lymburner Seconded by Pomerleau to dispense with the Clerks reading of the ordinance.

Councilor Lymburner said that the wording was vague in regards as to who would appoint the person.

Moved by Lymburner Seconded by Pomerleau to amend by adding the following: designated by the Town Manager. (Unanimous)

Chair Christy said that he hoped that this would address the Harmon’s Beach Road.

Councilor Pomerleau said that he hoped that this will put a stop to the problem at Shop N Save.

Councilor Stack said that he can see how this could be frustrating; he suggested putting up barriers like are used in Windham. He said that he thought that the enforcement of this should be handled by the business owners.

Councilor Pomerleau said that there are signs there now that people ignore.

Chair Christy said that this will be a tool for the town to use.

This item moved to first reading at the September meeting of the Council. (Unanimous)

123-06 Amendment to Standish Town Code, Chapter 181, Zoning Map (Introduction) [Christy]

Moved by Lymburner Seconded Beigel to dispense with the Clerks reading of the ordinance. (Unanimous)

Mr. Billington said that this will correct an error on the zoning map.

Councilor Lymburner said that she was familiar with that area and was concerned that where the brook crosses the road is a wetland area.

Mr. Billington referred to the Planners notes that indicated that he had walked that area with a DEP employee to inspect the area confirming the need for this correction.

This item moved to first reading at the September meeting of the Council. (5 Yeas – 1 Nay, Lymburner)

124-06 Blanket Letter of Approval for Lake Region Shrine Club to Operate Game of Chance [Christy]

Chair Christy said that this order has been door for a number of years.

125-06 Authorize Town Council Chair to Write Letter in Support of Route 113 being designated as a Maine Scenic Byway [Christy]

Councilor Pomerleau said that if this designation is approved there may be federal monies available for development.

VOTE: 6 Yeas – 0 Nays

126-06 Amend MaineDOT Transportation Project Request [Pomerleau]

Chair Christy said that this order speaks for itself.

VOTE: 6 Yeas – 0 Nays

127-06 Reduce Performance Guaranty – Chase Custom Homes – River’s Edge [Simpson]

Moved by Lymburner Seconded by Pomerleau and Voted to amend the order by adding the amount of

$ 21,615. (Unanimous)

Roger Mosley said that this is the recommended amount after inspection of the road.

VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays

128-06 Carry Forward Certain Accounts [Simpson]

Moved by Spencer Seconded Lymburner and Voted to dispense with the Clerk’s Reading of the order. (Unanimous)

Councilor Lymburner said that there is a substitute order because it was discovered during the Finance Committee that due to the transfer of computer system some of the numbers needed to be adjusted.

VOTE: 6 Yeas – 0 Nay

129-06 Town Council Appointments [Lymburner]

Councilor Stack asked to be allowed to abstain since Wilma Stack is his wife.

Moved Spencer Seconded Beigel and Voted to allow Councilor Stack to abstain from this vote. (Unanimous)

Mr. Billington explained that the CDBG Municipal Oversight Committee Member is needed to review how the funds for this program are distributed.

Moved by Lymburner Seconded by Pomerleau and Voted to amend order by adding the name Margaret Spencer as the CDBG Municipal Oversight Committee Member. (Unanimous)

VOTED ON ORDER AS AMENDED: 6 Yeas – 0 Nays

130-06 Amendment to Town of Standish Fee Schedule [Simpson]

Mr. Billington explained that we recently developed a conservation policy which included this fee to help compensate for the cost of fuel for the Steep Falls fire barn.

Councilor Stack asked if the people that use the building had been told of this increase.

Mr. Billington said that it had not been discussed with the users of the building.

Chief Jordan said that many people that use the building forget to turn down the thermostat.

Councilor Pomerleau noted his concerns about setting the temperature too low and the amount of oil it would take to get the building back up to temperature.

Moved by Stack Seconded by Lymburner and Voted to table this until the users of the building have been contacted. (Unanimous)

Mr. Billington said that we received notice from the state that we will receive a reduction of approximately $134,000 in revenue sharing. This needs to be taken into consideration when the assessment is done. He said that this will probably drive the mil rate up slightly.

Several upcoming meetings were announced.

EXECUTIVE SESSION (S)

Moved by Lymburner Seconded Pomerleau by and Voted to move into Executive Session for the discussion of a legal matter as provided under 1 M.R.S.A. § 405 (6) (E) Attorney-Client Consultations.

Moved Seconded and Voted to Adjourn. The Council arose from Executive Session by unanimous consent. The meeting adjourned at 11:10 pm.

Submitted By: ______________________